Terms of service
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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mert Boz, trading under "Janu Canvas" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activities. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activities.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing his order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When selecting the "PayPal Express" payment method, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the Seller already declares the acceptance of the Customer's offer at the time when the Customer initiates the payment transaction by clicking the button that concludes the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after submitting his order in text form (e.g., e-mail, fax, or letter). A further provision of the contract text by the Seller does not take place.
2.6 Before submitting the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries using the usual keyboard and mouse functions as long as he has not clicked the button that concludes the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is accurate so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When selecting the "SOFORT" payment method, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", authenticate himself accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately thereafter by "SOFORT" and the Customer's bank account will be debited. More information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, which the Customer will be specifically referred to if applicable. More information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the specified credit card account of the Customer. In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer's order is sent in the online shop. The Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipment, returns, complaints, withdrawal declarations, and returns or credits, even if the credit card payment method is selected via secupay AG.
4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method in case of a negative credit check.
4.9 When selecting the credit card payment method via Wirecard, the payment processing is carried out via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/), to which the Seller assigns his payment claim. Wirecard Bank AG collects the invoice amount from the specified credit card account of the Customer. In the case of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card is charged immediately after the Customer's order is sent in the online shop. The Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipment, returns, complaints, withdrawal declarations, and returns or credits, even if the credit card payment method is selected via Wirecard. Reference is made to the information of Wirecard Bank AG pursuant to Article 13 GDPR in connection with the processing of credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipment to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the Seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises his right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy shall apply.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller goes into advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The Customer is requested to report obvious transport damage to the deliverer and inform the Seller accordingly. If the Customer does not comply with this, it has no effect on his statutory or contractual claims for defects.
8) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
General Terms and Conditions with Customer Information
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Table of Contents
------------------
1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mert Boz, trading under "Janu Canvas" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activities. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activities.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing his order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When selecting the "PayPal Express" payment method, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the Seller already declares the acceptance of the Customer's offer at the time when the Customer initiates the payment transaction by clicking the button that concludes the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after submitting his order in text form (e.g., e-mail, fax, or letter). A further provision of the contract text by the Seller does not take place.
2.6 Before submitting the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries using the usual keyboard and mouse functions as long as he has not clicked the button that concludes the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is accurate so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When selecting the "SOFORT" payment method, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", authenticate himself accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately thereafter by "SOFORT" and the Customer's bank account will be debited. More information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, which the Customer will be specifically referred to if applicable. More information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the specified credit card account of the Customer. In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer's order is sent in the online shop. The Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipment, returns, complaints, withdrawal declarations, and returns or credits, even if the credit card payment method is selected via secupay AG.
4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method in case of a negative credit check.
4.9 When selecting the credit card payment method via Wirecard, the payment processing is carried out via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/), to which the Seller assigns his payment claim. Wirecard Bank AG collects the invoice amount from the specified credit card account of the Customer. In the case of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card is charged immediately after the Customer's order is sent in the online shop. The Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipment, returns, complaints, withdrawal declarations, and returns or credits, even if the credit card payment method is selected via Wirecard. Reference is made to the information of Wirecard Bank AG pursuant to Article 13 GDPR in connection with the processing of credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipment to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the Seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises his right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy shall apply.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller goes into advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The Customer is requested to report obvious transport damage to the deliverer and inform the Seller accordingly. If the Customer does not comply with this, it has no effect on his statutory or contractual claims for defects.
8) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.